BILL NUMBER: SB 180	CHAPTERED  09/27/00

	CHAPTER   691
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   JULY 5, 2000
	AMENDED IN ASSEMBLY   JUNE 21, 2000
	AMENDED IN ASSEMBLY   MAY 11, 2000
	AMENDED IN SENATE   APRIL 21, 1999
	AMENDED IN SENATE   MARCH 15, 1999

INTRODUCED BY   Senator Sher
   (Coauthors:  Assembly Members Campbell and Zettel)

                        JANUARY 13, 1999

   An act to amend Section 114145 of, and to add Sections  113831,
113946, and 113947 to, the Health and Safety Code, relating to
environmental health.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 180, Sher.  Retail food facilities inspection information.
   Existing law, the California Uniform Retail Food Facilities Law,
provides for the regulation of health and sanitation standards for
retail food facilities by the State Department of Health Services.
Violation of any of these provisions is a crime.
   This bill would require the State Department of Health Services,
in consultation with local environmental health officers,
representatives of the retail food industry, and other interested
parties, on or before January 1, 2002, to establish standardized
procedures for local health agencies to report information regarding
each food facility inspection, reinspection, date of last inspection,
period of any closure, and the facility name and address.  It would
require the department, within 60 days after it has established the
standardized procedures, to publish these procedures.
   This bill would also require the department, on or before January
1, 2002, to establish a standardized food facility inspection format.

   This bill would require each local health agency that reports food
facility information on an Internet web site, commencing July 1,
2002, to provide food facility inspection information in accordance
with these procedures. Furthermore, since a violation of the
provisions applicable to retail food facilities is a crime, this bill
would impose a state-mandated local program.
   Existing law requires each food establishment, except produce
stands and swap meet prepackaged food stands, to be fully enclosed,
in a building meeting specified criteria.  Existing law excludes
dining areas or open-air barbecue facilities, and outdoor displays
that meet specified requirements.
   This bill would additionally exclude outdoor beverage bars, as
defined, contiguous with a fully enclosed food establishment, as
defined, under the constant and complete control of the operator of
the food establishment from the above enclosure requirements.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) Food facility inspection information is currently developed by
each local health agency.  The form, scope, and content of food
facility inspection information varies from agency to agency.  These
various methods of reporting food facility inspection information can
be confusing to food facility owners, public agencies, and the
public.
   (b) In the event that food facility inspection information is made
available in a standardized format, it will be easier for local
health agencies to compare and evaluate inspection information, and
the State Department of Health Services will be better able to
evaluate local health agency inspection programs.
   (c) The purposes of the California Uniform Retail Food Facilities
Act will be advanced through standardized retail food facility
inspection training, increased department oversight of local
inspection programs, continuing review of the act and the federal
model, and adequate funding of the department's oversight activities.

   (d) Standardization of food facility inspection formats and
reporting procedures should further reduce any existing confusion
between jurisdictions, and contribute to increased compliance by food
facility operators and thereby decrease the risk of food-borne
illnesses.
  SEC. 2.  Section 113831 is added to the Health and Safety Code, to
read:
   113831.  "Outdoor beverage bar" means an unenclosed facility
operated on the same premises as, or in conjunction with, a fully
enclosed food establishment where any alcoholic and nonalcoholic
beverages are prepared out of doors.
  SEC. 3.  Section 113946 is added to the Health and Safety Code, to
read:
   113946.  (a) On or before January 1, 2002, the department shall
establish, and each local health agency shall utilize, a
standardized, food facility inspection format for food facility
inspections that includes all of the following:
   (1) The name and address of the food facility.
   (2) Identification of the following inspection criteria, which
shall be the basis of the inspection report:
   (A) Improper holding temperatures.
   (B) Inadequate cooking.
   (C) Poor personal hygiene of food handlers.
   (D) Contaminated equipment.
   (E) Food from unsafe sources.
   (3) For each violation identified pursuant to paragraph (2),
classification of the violation as a "minor violation" or "major
violation."  Major violations are those violations that pose an
imminent risk to public health and warrant immediate closure of the
food establishment or immediate correction.  Minor violations are
those that do not pose an imminent public health risk, but do warrant
correction.
   (b) A local health agency may modify the format to add criteria to
the criteria specified pursuant to paragraph (2) of subdivision (a),
provided both of the following conditions are met:
   (1) The additional criteria are based on other provisions of this
part.
   (2) A violation is identified by reference to items and sections
of this part, or the regulations adopted pursuant to this part
relating to those items, if a food facility is cited for a violation
of the additional criteria.
   (c) A copy of the most recent inspection report shall be
maintained at the food facility.  The food facility shall post a
notice advising patrons that a copy of the most recent inspection
report is available for review by interested parties.
   (d) The department and local health agencies shall conduct routine
training on food facility inspection standardization to promote the
uniform application of inspection procedures.
   (e) This section shall not restrict the ability of a local health
agency to inspect and report on matters other than matters subject to
regulation under this chapter.
  SEC. 4.  Section 113947 is added to the Health and Safety Code, to
read:
   113947.  (a) On or before January 1, 2002, the department, in
consultation with local environmental health officers,
representatives of the retail food industry, and other interested
parties, shall establish standardized procedures for local health
agencies to report the following food facility inspection information
regarding each food facility:
   (1) Name and address.
   (2) Date of last inspection.
   (3) Identification of any major violation identified in a food
facility inspection.
   (4) Reinspection date, if applicable.
   (5) Period of closure, if applicable.
   (b) The department, in consultation with local environmental
health officers, representatives of the retail food industry, and
other interested parties, may periodically review and revise the
standardized procedures established pursuant to subdivision (a).  In
making any revisions, the department shall strive to ensure that the
required information can be reported and made available in the most
efficient, timely, and cost-effective manner.
   (c) (1) The standardized procedures established pursuant to this
section shall include a standardized electronic format and protocol
for reporting the food facility inspection data in a timely manner,
and shall strive to ensure that the information is readily
accessible, can be rapidly reported, and, if necessary, corrected,
for each food facility that has been inspected or reinspected.  If
the local health agency determines that reported information is
materially in error, that error shall be corrected within 48 hours
after that determination.
   (2) The department may also establish standardized procedures for
reporting the information on magnetic media, including, but not
limited to, floppy disks or magnetic tape.
   (d) Within 60 days after the department has established the
standardized procedures pursuant to this section, the department
shall publish these procedures.
   (e) (1) Commencing July 1, 2002, each local health agency that
reports food facility inspection information on an Internet web site
shall report the information in accordance with the standardized
procedures established pursuant to this section.
   (2) This section shall not restrict the ability of a local health
agency to report on matters other than matters subject to regulation
under this chapter.
   (f) The department may establish a link to each Internet web site
utilized by any local health agency containing the food facility
inspection information pursuant to subdivision (e).
  SEC. 5.  Section 114145 of the Health and Safety Code is amended to
read:
   114145.  (a) Each food establishment, except produce stands and
swap meet prepackaged food stands, shall be fully enclosed in a
building consisting of floors, walls, and an overhead structure that
meet the minimum standards prescribed by this chapter.  Food
establishments that are not fully enclosed on all sides and that are
in operation on January 1, 1985, shall not be required to meet the
requirement for a fully enclosed structure pursuant to this section.

   (b) This section shall not be construed to require the enclosure
of any of the following:
   (1) Dining areas.
   (2) Open-air barbecue facilities.
   (3) Outdoor wood-burning ovens that meet all of the food
preparation and safety requirements applicable to open-air barbecue
facilities.
   (4) Outdoor beverage bars contiguous with a fully enclosed food
establishment under the constant and complete control of the operator
of the food establishment, provided that the following requirements
are met:
   (A) The food establishment is a bona fide public eating place, as
defined by Sections 23038, 23038.1, and 23038.2 of the Business and
Professions Code.
   (B) The operator of the food establishment is a licensee, as
defined by Section 23009 of the Business and Professions Code,
performing under authority of a license issued pursuant to the
Alcoholic Beverage Control Act (Division 9 (commencing with Section
23000), Business and Professions Code) for the outdoor beverage bar.

   (c) The outdoor beverage bar is, at all times, operated pursuant
to the requirements of this chapter, including, without limitation,
Sections 114010 and 114080, and any conditions imposed by the local
health agency to ensure compliance with the requirements of this
chapter.
   (5) Outdoor displays that meet all of the following requirements:

   (A) Only prepackaged nonpotentially hazardous food, uncut produce,
or both is displayed or sold in the outdoor displays.
   (B) Outdoor displays are contiguous with a fully enclosed food
establishment that is in compliance with subdivision (a).
   (C) Outdoor displays have overhead protection that extends over
all food items.
   (D) Food items from the outdoor display are stored inside a fully
enclosed food establishment that is in compliance with subdivision
(a) at all times other than during business hours.  Any food items to
be stored pursuant to this subdivision shall be stored in accordance
with subdivision (a) of Section 114080.
   (E) Outdoor displays comply with Section 114010 and have been
approved by the enforcement agency.
   (F) Outdoor displays are under the constant and complete control
of the operator of the permitted food establishment.
   (d) This section shall not be construed to require the enclosure
during operating hours of customer self-service nonpotentially
hazardous bulk beverage dispensing operations that meet the following
requirements:
   (1) The dispensing operations are installed contiguous with a
fully enclosed food establishment that is in compliance with
subdivision (a) and operated by the food establishment.
   (2) The beverages are dispensed from enclosed equipment that
precludes exposure of the beverages until they are dispensed at the
nozzles.
   (3) Ice is dispensed only from an ice maker-dispenser.  Ice is not
scooped or manually loaded into an ice dispenser out-of-doors.
   (4) Single-service utensils are protected from contamination and
are individually wrapped or dispensed from approved sanitary
dispensers.
   (5) The dispensing operations have overhead protection that fully
extends over all equipment associated with the facility.
   (6) During nonoperating hours, the dispensing operations are fully
enclosed so as to be protected from contamination by vermin and
exposure to the elements.
   (7) The owner or operator of the food establishment demonstrates
to the enforcement agency that acceptable methods are in place to
properly clean and sanitize the beverage dispensing equipment.
   (8) Beverage dispensing operations are in compliance with Section
114010 and have been approved by the enforcement agency.
   (9) Beverage dispensing operations are under the constant and
complete control of the permitholder of the food establishments who
is operating the dispensing facility.
   (d) This section shall not be construed to allow outdoor displays
in violation of local ordinances.
  SEC. 6.  (a) No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   (b) No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local
agency or school district has the authority to levy service charges,
fees, or assessments sufficient to pay for the program or level of
service mandated by certain other provisions of this act, within the
meaning of Section 17556 of the Government Code.
